REGULAR MEETING OF COUNCIL

MINUTES

-
Council Chambers
2021 Division Road N
Kingsville, Ontario N9Y 2Y9
Members of Council
  • Mayor Nelson Santos
  • Deputy Mayor Gord Queen
  • Councillor Tony Gaffan
  • Councillor Thomas Neufeld
  • Councillor Larry Patterson
  • Councillor Laura Lucier
Members of Administration
  • R. Brown, Manager of Planning Services
  • K. Brcic, Planner
  • T. Del Greco, Manager of Engineering
  • S. Kitchen, Deputy Clerk-Council Services
  • R. McLeod, Director of Financial & IT Services
  • A. Plancke, Director of Infrastructure & Engineering
  • R. Baines, Deputy Clerk - Administrative Services
  • J. Norton, CAO
  • John Quennell, Deputy Fire Chief

Mayor Santos, in attendance in the Council Chambers, called the Regular Meeting to order at 6:00 p.m. with all members of Council present, except Councillor DeYong (absent on personal business). All members of Council present participated in the meeting through video conferencing technology from remote locations. 

Mayor Santos asked members to stand and observe a moment of silence to be followed by the singing of O'Canada.

Live singing of O'Canada by Simone Dicaire.

Mayor Santos reminded Council that any declaration is to be made prior to each item being discussed and to identify the nature of the conflict, if any, as the agenda items come forward.

R. Brown, Manager of Planning Services 

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment and Consent, dated September 3, 2021;

ii) Report of K. Brcic, dated September 13, 2021;

iii) Proposed By-law 75-2021 being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

Deputy Mayor Queen commented on the importance of the Municipal Clerk's position when dealing with planning matters and read aloud the statement in the Notice of Complete Application that "If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Municipal Clerk of the Town of Kingsville before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal......" Generally, he stated that it is important to note that while legislation does not mandate a planner's position, the Municipal Clerk's position is legislatively mandated for notice and other purposes.

There were no comments from the Applicant and there were no comments from the public

  • 559-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council:

    Approve consent application B/17/21 to sever an existing dwelling, deemed surplus to the needs of the applicants’ farming operation on a 0.5 ha (1.3 ac.) lot shown as Part 1 on the applicants’ sketch, known as 177 County Road 14 East, in the Town of Kingsville, subject to the following conditions:

    1. That a reference plan be deposited in the registry office, both an electronic and paper copy of the registered plan is to be provided to the Town.

    2. That any special assessment imposed pursuant to the provisions of the Local Improvement Act and/or Municipal Act be paid in full along with all municipal taxes.

    3. That any necessary drainage apportionments be undertaken.

    4. That as a result of the severance, owners shall become liable by way of up front monies for the assessment and taxation of their properties for any waterworks or sanitary sewer systems affecting their properties, in accordance with the Fees By-law in effect on the date of certification of the deed.

    5. The zoning of the retained parcel be amended to prohibit future dwellings prior to certification (ZBA/22/21).

    6. That the applicant provide confirmation to the satisfaction of the Town the location of any existing septic systems in relation to the revised lot line locations.

    7. That the necessary deed(s), transfer or changes be submitted in triplicate, signed and fully executed (no photocopies), including a copy of the reference plan, prior to certification.

    8. The conditions imposed above shall be fulfilled by September 27, 2022 or this application shall be deemed to be refused in accordance with Section 53(41) of the Planning Act.

      Approve zoning by-law amendment application ZBA/22/21 to rezone the retained parcel, in Part Lot 17, Concession 9, in the Town of Kingsville, from ‘Agriculture (A1)’ to ‘Agriculture – Restricted (A2)’ and adopt the implementing by-law.



    CARRIED

R. Brown, Manager of Planning Services

i) Notice of Complete Application and Public Meeting: Zoning By-law Amendment, dated September 1, 2021;

ii) Report of K. Brcic, dated September 14, 2021;

iii) Proposed By-law 74-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville.

There were no comments from the public.

  • 561-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByDeputy Mayor Gord Queen

    That Council:

    approve Zoning By-law Amendment application ZBA/17/21 to rezone the subject lands at 1775 Division Rd N (County Road 29), Concession 1 WD, Pt Lot 1, Town of Kingsville, from ‘Rural Residential (RR)’ to ‘Rural Residential Exception 15 (RR-15)’ and adopt the implementing by-law.



    CARRIED
  • 562-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receives Town of Kingsville Accounts for the monthly period ended August 31, 2021 being TD cheque numbers 0077087 to 0077431 for grand total of $2,291,703.30



    CARRIED

T. Del Greco, Manager of Engineering

  • 563-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council award engineering services for the replacement of watermain on Stonehedge Drive, Coghill Drive, Allen Court, and Long Court to RC Spencer in the amount of $70,000 (excluding HST) and authorize the Mayor and Clerk to execute the requisite agreement;

    And That Council award engineering services for resurfacing of Cedar Island Subdivision, replacement of sections of Lorna and Edith Street watermain, and reconstruction of the Cedar Island Park laneway to RC Spencer in the amount of $43,000 (excluding HST), and further, reallocate the expected surplus from Account #130-360-71825 in order to fund the aforementioned engineering services.



    CARRIED

R. Wyma, Director of Community and Development Services

  • 564-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council approve amendments to the Lions Park Development Phase 2 including the planting of additional trees as may be required, moving the shade structure from the basketball area to the proposed playground area (Phase 3), and relocate the Multi-Use Court to Ridgeview Park to replace the existing basketball court which is in disrepair; and further,

    That Council accept the revised tender bid of $182,175 from Greenlight General Contracting Inc. to complete the construction of Phase 2 of the Lions Park development; and further,

    That Administration review the design of the proposed Washroom facilities to ensure the design and facility meets the needs of its users; and further,

    That Administration develop a new Park Classification System based on the system included in the 2013 Official Plan and the 2018 Parks, Recreation, Arts and Culture Master Plan; and further,

    That Administration explore the introduction of a Park Watch, or after-hours emergency program.



    CARRIED

J. Norton, CAO, presented the Manager of Human Resources' report.

  • 565-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Thomas Neufeld

    That Council approves the recommendation of applicants to the Highland Games Committee: Amanda Everaert, Wendy Mussleman, Tim Fuerth, and Victor Chepeka.



    CARRIED

R. McLeod, Director of Financial and IT Services

  • 566-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council receive the ‘Shoreline Assistance Loan Program’ report in response to Motion 233-2021.



    CARRIED

S. Kitchen, Acting Clerk

  • 567-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByDeputy Mayor Gord Queen

    That Council directs Administration to amend Section 10.7.c) of the proposed Procedure By-law to read "c) to defer indefinitely (not debatable)", as has been the usual practice.



    CARRIED
  • 568-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council directs Administration to remove the requirement for a Motion to Recess.



    CARRIED
  • 569-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council directs Administration to amend Section 12.11. to state "On all other votes, the manner of determining the decision on a motion shall be at the discretion of the Chair and may be by voice, show of hands, standing or otherwise."



    CARRIED
  • 570-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Tony Gaffan

    That Council pass the new Procedure By-law, being a by-law to govern the Calling, Place and Proceedings of Council and Committees for The Corporation of the Town of Kingsville, as amended.



    CARRIED
  • 571-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByDeputy Mayor Gord Queen

    That Council adopts Regular Meeting of Council Minutes dated September 13, 2021 and Regular Closed Session Meeting of Council Minutes dated September 13, 2021.



    CARRIED
  • 572-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Larry Patterson

    That Council receives Kingsville B.I.A. Meeting Minutes dated July 13, 2021 and August 10, 2021



    CARRIED
  • 573-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council receives Kingsville Municipal Heritage Advisory Committee Meeting Minutes dated July 20, 2021



    CARRIED
  • 574-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Committee of Adjustment Meeting Minutes dated July 20, 2021



    CARRIED
  • 575-2021
    Moved ByCouncillor Larry Patterson
    Seconded ByCouncillor Laura Lucier

    That Council receives Planning Advisory Committee Meeting Minutes dated July 20, 2021



    CARRIED
  • 576-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Larry Patterson

    That Council receives Union Water Supply System Joint Board of Management Meeting Minutes dated July 21, 2021



    CARRIED
  • 577-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council receives Park Recreation Arts and Culture Committee Meeting Minutes dated June 17, 2021 together with the following sub-committee minutes: Communities in Bloom - May 4, 2021 Fantasy of Lights - April 27, 2021 Migration Festival - April 27, 2021



    CARRIED
  • 578-2021
    Moved ByCouncillor Tony Gaffan
    Seconded ByCouncillor Laura Lucier

    That Council receives Business Correspondence-Informational items 1 through 8.



    CARRIED

    Information item 3. Gosfield North Sportsmen Association


  • 579-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council authorizes the continuation of the Town's partnership with the Gosfield North Sportsmen Association in its Pheasant Release Program through the contribution of the licence fees collected for the 2021 hunting season.



    CARRIED

    Information item 8. Save Eye Care in Ontario


  • 580-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Thomas Neufeld

    WHEREAS routine eye care is critical in early detection of eye diseases like glaucoma, cataracts, and macular degeneration, and the health of eyes is critical to overall health and quality of life; and
    WHEREAS conditions that may be detected with an annual eye exam include Diabetes mellitus, Glaucoma, Cataract, Retinal disease, Amblyopia (lazy eye), Visual field defects (loss of part of the usual field of vision), Corneal disease, Strabismus (crosses eyes), Recurrent uveitis (an inflammation of the uvea, the middle layer of the eye that consists of the iris, ciliary body and choroid), Optic pathway disease; and
    WHEREAS payments from OHIP have only increased 9% over the last 30 years, which has not come close to matching inflation of costs (which include rent, staff, utilities, equipment, taxes and supplies); and
    WHEREAS the lack of funding makes it difficult to invest in modern technology, and newer technology means earlier detection of eye disease; and
    WHEREAS the Provincial government’s refusal to formally negotiate with Optometrists for more than 30 years has forced the Optometrists to absorb approximately 173 Million dollars annually in the cost to deliver eye care to Ontarians; and
    WHEREAS the 2021 Ontario Budget did not address OHIP-insured eye care, Ontario Optometrists took action and voted to withdraw OHIP services starting on September 1, 2021, unless the government agrees to legally-binding negotiations to fund these services at least to the cost of delivery; and
    WHEREAS this job action will jeopardize good eyecare for those who need the care of an optometrist the most and will have the greatest impact on the most vulnerable groups. Children, who’s lifetime ability to learn and develop depends on good vision and to the elderly, who are at the greatest risk for vision- threatening ocular diseases;

    NOW THEREFORE BE IT RESOLVED THAT the Municipality of the Town of Kingsville requests that the Provincial government recognize the value that access to quality eye care brings to all Ontarians and act now to protect it; and further

    THAT the Provincial government address the OHIP-insured eye care immediately and enter into legally-binding negotiations with Ontario Optometrists to fund these services at least to the cost of delivery, prior to any job action taking place; and further

    THAT a copy of this resolution be forwarded to Premier Ford, Ontario Minister of Health Christine Elliot, MPP Taras Natyshak, to the Ontario Association of Optometrists, and to all municipalities in Ontario



    CARRIED
  • 581-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council enters into discussion as to the manner in which votes should be cast for the next municipal election that is scheduled to be held on October 24, 2022, and that Administration provide a Report by year end.



    CARRIED
  • 582-2021
    Moved ByCouncillor Laura Lucier
    Seconded ByCouncillor Larry Patterson

    That Council designate November 15 annually to raise awareness of Violence Against Women, encourage staff and residents to wear purple, and provide information on the Town website and social media.



    CARRIED

Mayor Santos indicated that would be carried over to the next meeting.

  • 583-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council defers Councillor DeYong's Notice of Motion re: ELK to the next Regular Meeting of Council.



    CARRIED

N.

  • 584-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Laura Lucier

    That Council reads By-law 74-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (1775 Division Road North, CON 1 WD, Pt Lot 1 ZBA/17/21) a first, second and third and final time.



    CARRIED
  • 585-2021
    Moved ByDeputy Mayor Gord Queen

    That Council reads By-law 75-2021, being a By-law to amend By-law 1-2014, the Comprehensive Zoning By-law for the Town of Kingsville (177 County Road 14 E, Part Lot 17, Conc 9, ZBA/22/21 )a first, second and third and final time.



  • 586-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Thomas Neufeld

    That Council reads By-law 77-2021, as amended, being a By-law to Govern the Calling, Place and Proceedings of Council and Committees a first, second and third and final time.



    CARRIED
  • 587-2021
    Moved ByDeputy Mayor Gord Queen
    Seconded ByCouncillor Tony Gaffan

    That Council reads By-law 78-2021, being a By-law to confirm the proceedings of the September 27, 2021 Regular Meeting of Council, a first, second and third and final time.



    CARRIED
  • 588-2021
    Moved ByCouncillor Thomas Neufeld
    Seconded ByCouncillor Laura Lucier

    That Council adjourns this Regular Meeting at 7:14 p.m.



    CARRIED
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